Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA709118
`ESTTA Tracking number:
`11/17/2015
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
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`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
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`Name
`Granted to Date
`of previous ex-
`tension
`Address
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`Pure Denim, Inc.
`11/18/2015
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`3393 Peachtree Rd NESuite 5025
`Atlanta, GA 30326
`UNITED STATES
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`Attorney informa-
`tion
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`Lisa N. Kaufman
`Law Office of Lisa N. Kaufman, P.A.
`2807 Poinciana Circle
`Cooper City, FL 33026
`UNITED STATES
`lnktm@comcast.net Phone:(954)534-9419
`Applicant Information
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`Application No
`Opposition Filing
`Date
`Applicant
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`86536258
`11/17/2015
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`Publication date
`Opposition Peri-
`od Ends
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`07/21/2015
`11/18/2015
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`P.U.R.E. XPERIENCE INC
`1018 Longfield Rd
`Southampton, PA 18960
`UNITED STATES
`Goods/Services Affected by Opposition
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`Class 025. First Use: 2009/05/10 First Use In Commerce: 2009/05/10
`All goods and services in the class are opposed, namely: A-shirts; Apparel for dancers, namely, tee
`shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jack-
`ets, footwear, hats and caps, athletic uniforms; Athletic pants; Athletic shirts; Babies' pants; Balloon
`pants; Baseball caps and hats; Body shirts; Business wear, namely, suits, jackets, trousers, blazers,
`blouses, shirts, skirts, dresses and footwear;Button down shirts; Button-front aloha shirts; Camou-
`flage pants; Camouflage shirts; Camp shirts; Capri pants; Cargo pants; Clothing for athletic use,
`namely, padded shirts; Clothing for babies, toddlers and children, treated with fire and heat retard-
`ants, namely, pajamas, jackets, shirts, pants, jumpers; Clothing shields, namely, pads applied to the
`underarms of shirts, blouses and sweaters; Collared shirts; Denims; Dress shirts; Fascinator hats;
`Fashion hats; Fishing shirts; Fur hats; Golf pants, shirts and skirts; Golf shirts; Graphic T-shirts; Hats;
`Hats for infants, babies, toddlers and children; Headgear, namely, for men, women, and children;
`Hooded pullovers; Hooded sweat shirts; Hooded sweatshirts; Hoods; Hoods; Knit shirts; Long-
`sleeved shirts; Night shirts; Open-necked shirts; Over shirts; Pique shirts; Polo shirts; Rain hats; Shirt
`fronts; Shirts; Shirts and short-sleeved shirts; Shirts and slips; Shirts for suits; Shirts for adults, men,
`women, and children; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Sleeves worn sep-
`arate and apart from blouses, shirts and other tops; Small hats; Sport shirts; Sports caps and hats;
`Sports shirts; Sports shirts with short sleeves; Stocking hats; Sweat shirts; T-shirts; Tee shirts; To-
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`boggan hats; Top hats; Wearable garments and clothing,namely, shirts; Wind shirts; Women's cloth-
`ing, namely, shirts, dresses, skirts,blouses; Women's hats and hoods; Yoga shirts
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`Grounds for Opposition
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`Priority and likelihood of confusion
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`Trademark Act section 2(d)
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`Mark Cited by Opposer as Basis for Opposition
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`U.S. Application
`No.
`Registration Date
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`Word Mark
`Design Mark
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`86429527
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`Application Date
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`10/21/2014
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`NONE
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`PURE
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`Foreign Priority
`Date
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`NONE
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`Description of
`Mark
`Goods/Services
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`The mark consists of The word "Pure" instylized Old English font.
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`Class 035. First use: First Use: 2008/12/22 First Use In Commerce: 2008/12/22
`Retail clothing boutiques; Retail clothing stores; Retail department stores
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`Attachments
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`86429527#TMSN.png( bytes )
`Notice of Opposition Section 2 d 11-17-15 (1).pdf(30344 bytes )
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`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
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`Certificate of Service
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`Signature
`Name
`Date
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`/lnk/
`Lisa N. Kaufman
`11/17/2015
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No. __________
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`In the Matter of
`Application Serial No. 86536258
`Published in the Official Gazette on July 21, 2015
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`PURE DENIM, INC.
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`Opposer,
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`P.U.R.E. XPERIENCE INC.
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`Applicant.
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`NOTICE OF OPPOSITION
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`Pure Denim, Inc., a corporation organized under the laws of the state of North
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`Carolina, having a business address at 3393 Peachtree Road NE, Suite 5025, Atlanta, GA
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`30326 (hereinafter "Opposer"), believes that it will be damaged by, and thus opposes,
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`registration of the mark P.U.R.E. that is the subject of Application Serial No. 86536258
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`for use in connection with various items of clothing as enumerated in the application in
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`International Class 25.
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`As grounds for the opposition it is alleged that:
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`1. Applicant P.U.R.E. Xperience Inc AKA P.U.R.E. Xperience Corporation, is, on
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`information and belief, a corporation organized under the laws of the state of
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`Page 1 of 4
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`Pennsylvania with a business address of 1018 Longfield Rd., Southampton, PA 18960
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`(hereinafter "Applicant.").
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`2. On February 16, 2015, Applicant filed U.S. Trademark Application Serial No.
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`86536258 for the mark P.U.R.E. based on use in commerce, alleging a first use date of
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`May 10, 2009 in connection with a variety of clothing products. Applicant's mark is
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`hereinafter referred to as " P.U.R.E." This P.U.R.E. mark was published for opposition
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`in the July 21, 2015 edition of the Official Gazette and Opposer was granted a 90 day
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`extension of time to oppose this application.
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`3. Opposer is the owner of the mark PURE in connection with retail clothing
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`stores and retail clothing boutiques. On October 21, 2014, a date prior to Applicant's
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`filing date, to further protect Opposer's PURE trademark rights, Opposer filed U.S.
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`Trademark Application Serial No. 86429527 for its PURE trademark.
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`4. Opposer has continuously used its mark PURE in connection with its retail
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`and boutique clothing store services since at least as early as December 22, 2008, a date
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`prior to Applicant's first use date.
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`5. Through the investment of a great deal of time, effort and money, Opposer has
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`gained for its PURE mark a valuable reputation and goodwill. As a result, Opposer’s
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`PURE mark is recognized as identifying Opposer and its services, and distinguishing
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`them from like or similar goods and services of others.
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`6.. Applicant’s P.U.R.E. mark is so similar to Opposer’s PURE mark as to be
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`likely to cause confusion, mistake or deception as to the source of the parties' respective
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`goods and services, both of which encompass clothing.
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`7. If Applicant is permitted to register the P.U.R.E. mark herein opposed for the
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`clothing goods specified in its application in International Class 25, confusion in the
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`trade and for the consumer will likely result, causing damage and injury to Opposer.
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`Persons familiar with Opposer’s PURE mark would be likely to purchase Applicant’s
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`goods in the mistaken belief that such goods originate with, or are sponsored by, or are
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`affiliated with Opposer. Any objection or fault found with Applicant’s goods sold under
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`the P.U.R.E. mark herein opposed would necessarily reflect upon and seriously injure
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`the reputation which Opposer has established for its services offered under its PURE
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`mark and thereby erode the valuable goodwill established by Opposer in its mark.
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`8. If Applicant is granted the registration herein opposed, it will thereby obtain at
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`least a prima facie exclusive right to use of that mark. Such registration of the mark at
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`issue herein would be inconsistent with the prior rights of Opposer in its PURE mark and
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`would be a source of damage and injury to Opposer.
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`WHEREFORE, Opposer respectfully requests that this Opposition be sustained
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`and that registration of Applicant’s P.U.R.E. mark be refused.
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`By: /Lisa N. Kaufman/(cid:1)
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` Lisa N. Kaufman
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` Law Office of Lisa N. Kaufman, P.A.,
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` 2807 Poinciana Circle
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` Cooper City, FL 33026
` (954)534-9419
` LNKTM@hotmail.com
` Attorney for Opposer
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`Date: November 17, 2015
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`Respectfully submitted,
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`Page 3 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing Notice of
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`Opposition against Application Serial No. 86536258 was served by First Class U.S. Mail,
`postage prepaid, on November 17, 2015, on Michael Levich, identified as "Owner" in
`the aforesaid Application, at P.U.R.E. Xperience Inc AKA P.U.R.E. Xperience
`Corporation, 1018 Longfield Rd., Southampton, PA 18960.
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`/Lisa N. Kaufman/
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`Lisa N. Kaufman
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